Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

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Straight to the point statement from GAATW to GFMD “Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking “ more and more restrict of movement of person especially women it will leads to more risk during migration and that is the real trafficking .. The holistic approach on Migrants' rights especially women rights should be upheld in practice, and central to all policy level including GFMD discussions

Statement of the Global Alliance Against Traffic in Women (GAATW) to the Global Forum on Migration and Development (GFMD)

Statement of the Global Alliance against Traffic in Women (GAATW) to

the Global Forum on Migration and Development (GFMD)

Manila, Philippines, 27-30 October 2008

The Global Alliance Against Traffic in Women (GAATW)^[1] is committed to ending trafficking and to the protection of the human rights of trafficked persons and women migrant workers.

We take this opportunity to present our position on GFMD Roundtables 1.1 Protecting the rights of migrants and 2.2 Managing migration and minimizing the negative impacts of irregular migration. We call for the following:

4. Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

5. Migration policies should not contradict the aims of anti-trafficking policies to protect trafficked persons and other migrants.

6. Migrants' rights should be upheld in practice, and central to all GFMD discussions.

Despite many governments' commitments to human rights and well-intentioned efforts to address human trafficking, the rights of migrant and trafficked women are still being violated. In 2007, GAATW published Collateral Damage, a report[2] which examines what measures states in eight countries have taken to combat trafficking and the human rights impacts of these measures. This has provided a strong evidence base for recommendations.

1. Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

GAATW is concerned with the assumption in Roundtable 2.2 that 'irregular migration' is linked to or synonymous with trafficking, implying that managing and clamping down on irregular migration, through strict border controls, would best address trafficking. Not only does this overlook that trafficking occurs even when a person has migrated through regular channels, it also ignores the present reality in which many working class people must migrate through whatever means to survive.

Anti-trafficking laws are adversely affecting working class migrants by restricting semi-skilled women's movement from their country of origin or at border crossings. To date, trafficking prevention efforts have centered on the movement of potentially trafficked persons by tightening border security and preventing certain low-skilled migrant workers from leaving origin countries or entering countries of destination. This makes the migration process difficult for all migrants and increases the need for third-party assistance (brokers, agents) which increases migrants vulnerability to traffickers. Thus, when not properly assessed anti-trafficking laws can increase trafficking.

Anti-trafficking measures are commonly developed to 'protect women', rather than protecting their rights. This has led to women from some origin countries being denied the right to leave their country. For example, the Indian Government considered women migrant workers a "particularly vulnerable lot" and "issued an order prohibiting any female household worker below the age of 30 from being employed in the Kingdom of Saudi Arabia under any circumstance."[3] To avoid this ban, women are having to take riskier migration options than their male counterparts, making them more vulnerable to abuse at the destination point.

Destination countries have also closed their borders in misguided attempts at protection. Many Brazilian women attempting to enter the European Union have been repeatedly denied entrance and repatriated on the grounds that immigration officials thought they looked like "prostitutes" and thus likely to be trafficked. The preventative language used here does not mask the violations of women's rights to freedom of movement and freedom from discrimination. More empowering strategies must be found.

2. Migration policies should not contradict the aims of anti-trafficking policies to protect trafficked persons and other migrants.

Under many migration management programmes, the ability of people who need to migrate for work in order to survive or to improve their well-being is being severely restricted, as people are prevented from being able to migrate legally and safely into fair and reasonable working conditions.

Migration and labour policies are discriminating against poor people and particularly poor women. Such discrimination creates opportunities for dishonest brokers, corrupt officials and ruthless employers to exploit or traffic migrants. Effective prevention of trafficking thus requires recognition of the migration-trafficking nexus and seeks to facilitate and promote safe migration and fair work for all. Migration policies should be reformed so as not to contravene the aims of anti-trafficking initiatives.

Most trafficked persons are economic migrants, but it is important to remember that the vast majority of economic migrants are not trafficked. Governments and civil society organisations therefore need to work closely with migrants to determine not only what makes them vulnerable to trafficking, but also what safeguards were instrumental in ensuring a 'safe migration' situation.

3. Migrants' rights should be upheld in practice, and central to all GFMD discussions.

The first GFMD Roundtable (1.1 and 1.2) emphasizes that "[r]especting the rights of migrants is especially relevant for lower skilled labour migrants and also for female migrants..."[4] The rights-focus in GFMD Roundtables 1.1 and 1.2 should not be forgotten in Roundtables 2.1 to 3.3, which are not explicitly about rights.

The GFMD Roundtables run concurrently, and we question whether the conversations on
human rights being discussed in one room will have any impact on the discussions on
irregular migration in another. We challenge those delegates attending
Roundtables 2.1 to 3.3 to ensure that human rights implications of
regularisation policies, anti-trafficking legislation and migration management
programmes are examined.

We urge governments to take seriously not only the human rights of regular migrants
but also those who are undocumented. Further we encourage governments to maintain
a human rights approach which does not make the protection of the rights of
migrants and trafficked persons secondary to the perceived protection of
national security.

Trafficked persons are migrants who have ended up working in exploitative working conditions. Appropriate protection of the rights of migrants and workers is essential. Human rights such as freedom of movement, the right to migrate and freedom from discrimination should be rights given to all migrants including trafficked persons.

We appreciate that human rights have been included in this year's GFMD programme, and we would like to comment on the instrumental nature of their inclusion. The topic description for Roundtable 1.1 states: "These standards and rights are accorded to migrants on the assumption that a protected worker is a more productive worker, and thus, becomes a better agent of development."[5] We would like to emphasize the equal, universal and inalienable nature of human rights, rather than an instrumental one. Rights should not be conferred on people depending on whether the meeting of a right is deemed 'useful' for development or any other cause. Rather rights should be granted for rights' sake, rather than because they make someone a 'productive worker'.

Recommendations

1. Restrictive border controls and bans on women's movement should not be considered methods to stop trafficking.

o Protect people against discriminatory practices that particularly restrict semi-skilled women at points of origin and at border crossings.

2. Migration policies should not contradict the aims of anti-trafficking policies to protect trafficked persons and other migrants.

o Reform migration policies to be in line with national and international anti-trafficking legislation to protect trafficked persons and other migrants.

o Ensure that migrants are involved in developing appropriate mechanisms to end labour exploitation and trafficking, by their identification of safeguards instrumental to ensuring 'safe migration'.

o Allow for full migrant participation in the GFMD process and discussions.

3. Migrants' rights should be upheld in practice, and central to all GFMD discussions.

o Recognize the rights of all migrants (undocumented and documented) as equal, universal and inalienable.

o Maintain a human rights framework and impact assessment in all GFMD roundtables.

o Uphold the rights of all migrants to freedom of movement, to migrate, and to freedom from discrimination, over and above perceived protection of national security.

Muslims right to be protected against mandatory testing on HIV

The news from the Star below is really alarm on the issue of mandatory testing on HIV which violates human right of person and their dignity. According to the new starting next year Muslims planning to get married must undergo HIV tests. Why they have to do that?

• Does Islamic Development Department (Jakim) understand right to privacy? Every person should protected against mandatory testing; HIV status kept confidential
• Why Muslim couple? Being Muslim they also entitle to protected against discrimination
• If the department would like to do activity to prevent the transmission of HIV, all the rights include right to information and education, freedom of movement , right to non-discrimination ,right to health and right to privacy . All of these rights should be protected so that people will come forward for HIV information, education and means of protection, and will be supported to avoid risky behaviour:

Testing for HIV require Pre and Post counseling from the trained counselor.. The result from testing without proper counseling will have huge consequences to person. It should be an option NOT the must undergo HIV tests /mandatory testing.

It reminded us on the Malaysian and lots of other government policy on mandatory testing for migrant worker. If they found HIV+ they won’t be able to get the work permit and it violates their right to employment and really discrimination.

So we must call to end all policy on mandatory testing either they are Muslim couple or migrant worker.

Pre-marital HIV tests for Muslims

The Star , Tuesday Oct 7 , 2008

STARTING next year Muslims planning to get married must undergo HIV tests.

Islamic Development Department (Jakim) director-general Datuk Wan Mohamad Sheikh Abdul Aziz said all state religious authorities agreed to implement and enforce the ruling in a meeting in July.

However, Wan Mohamad said those found to have been infected with the AIDS would still be allowed to continue with the marriage if both partners wanted to go ahead.

"The couples will not be stopped if they want to go through it. In fact, state religious authorities will play their role in assisting such couples by giving them counselling and advice on preventive measures, and on how to prepare themselves physically and mentally.

"The HIV test will be offered to Muslims free of charge," he told Berita Harian.

The daily also reported that Rela officers would be roped in to monitor activities at all 67 Puspakom branches nationwide after an earlier operation received positive feedback from the public.

Its chief executive officer Datuk Salamat Wahit said the idea would be implemented after the festive season and that Rela personnel currently stationed at five Puspakom branches were helpful.

"We think this is a good idea as an immediate measure to deter touts at Puspakom," he said.

http://news.asiaone.com/News/AsiaOne%2BNews/Malaysia/Story/A1Story20081007-92108.html

THIS YEAR’S TREATY EVENT : 39 state parties ratified Migrant Workers Convention

The Convention on the Rights of Migrant Workers received two ratifications (Jamaica and Paraguay) and one signature, taking the number of State parties to 39.

Malaysian government ratified UN Convention against Corruption bringing the total number of States parties to 126.

Surprise to see Lao PDR ratified the Convention for the Protection of All Persons from Enforced Disappearance together with Bulgaria, Greece, Iceland, and United Republic of Tanzania) and one ratification (France), giving it a total of five States parties (others are Albania, Argentina, Honduras and Mexico) towards the 20 needed to enter into force.

CEDAW: The Optional Protocol to CEDAW received one accession and one ratification (Tunisia and Switzerland) and two signatures, taking the total number of States parties to 92. The Optional Protocol entered into force in 2000 and provides for communications by individuals or groups regarding violations of the Convention to be received by the monitoring Committee and permits the Committee to conduct inquiries into grave or systematic violations.

HUMAN RIGHTS OF PERSONS WITH DISABILITIES, MIGRANTS, WOMEN, CHILDREN DOMINATE THIS YEAR’S TREATY EVENT

42 Member States Took Actions in Areas of Environment, Trade, Disarmament



The 2008 Treaty Event concluded today with 42 Member States having taken 81 treaty actions. Six States participated at the level of Head of State and 21 at the level of Minister for Foreign Affairs. There were a total of 32 signatures and 49 ratifications, accessions, consents to be bound and other actions.



The Convention on the Rights of Persons with Disabilities received the most attention at this year's Event, with six signatures and three ratifications ( Austria, New Zealand and Uganda), bringing the total number of States parties to 40. The Optional Protocol to the same Convention received seven signatures and two ratifications ( Austria and Uganda). The Convention and its Optional Protocol both entered into force in May this year.



The Convention for the Protection of All Persons from Enforced Disappearance received five signatures (Bulgaria, Greece, Iceland, Lao People’s Democratic Republic and United Republic of Tanzania) and one ratification (France), giving it a total of five States parties (others are Albania, Argentina, Honduras and Mexico) towards the 20 needed to enter into force.



The International Covenants on Civil and Political and on Economic, Social and Cultural Rights received an additional signatory -- Comoros -- taking the number of signatories to 71 and 68, respectively. The number of States parties to the Covenants is 162 and 159, respectively.



The Second Optional Protocol to the International Covenant on Civil and Political Rights, concerning abolition of the death penalty, received one ratification (Chile), taking the total number of State parties to 68.



The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women received one accession and one ratification ( Tunisia and Switzerland) and two signatures, taking the total number of States parties to 92. The Optional Protocol entered into force in 2000 and provides for communications by individuals or groups regarding violations of the Convention to be received by the monitoring Committee and permits the Committee to conduct inquiries into grave or systematic violations.



The Convention on the Rights of Migrant Workers received two ratifications ( Jamaica and Paraguay) and one signature, taking the number of State parties to 39. The Convention entered into force in 2003 and creates international standards for the protection of the human rights of migrant workers and their families.



The Optional Protocol to the Convention against Torture, which entered into force in 2006, received one signature ( Congo).



The two Optional Protocols to the Convention on the Rights of the Child, relating to the involvement of children in armed conflict and the sale of children, child prostitution and child pornography, received one signature and one ratification each (the Russian Federation ratified the former and Monaco ratified the latter). Both Optional Protocols entered into force in 2002.



In the area of the environment, sustainable development, water and sanitation, the International Tropical Timber Agreement, 2006, which has not yet entered into force, received four signatures and one ratification (Australia) bringing the total number of States parties to 12.



Liberia joined the Law of the Sea Convention, bringing the total number of State parties to 157. Liberia and Guyana also became parties to the Convention's Implementation Agreement.



In the area of disarmament and penal matters, Jamaica made several actions, including acceding to the Conventional Weapons Convention and all its Protocols and Amendments. Belarus also became the forty-eighth State party to Protocol V of the Convention, concerning explosive remnants of war.



The Comprehensive Nuclear-Test-Ban Treaty (CTBT) received one signature (Timor-Leste) and one ratification ( Burundi), taking the total number of States parties to 145. The Treaty, which opened for signature in 1996, is intended to prohibit all nuclear-weapon-test explosions. The CTBT has achieved near-universal adherence, but article XIV of the Treaty requires ratification by 44 named States before the Treaty can enter into force. Of these 44 States, three -- India, Pakistan, Democratic People’s Republic of Korea -- have not signed the Treaty. A further six States -- China, Egypt, Indonesia, Iran, Israel, United States -- have signed but not ratified the Treaty.



Three ratifications to the UN Convention against Corruption ( Belgium, Malaysia and Tunisia) were received, bringing the total number of States parties to 126.



Other treaties that received ratifications during this year’s Treaty Event included the International Conventions for the Suppression of Acts of Nuclear Terrorism and the Suppression of Financing of Terrorism; and the UN Convention against Transnational Organized Crime and its Protocols, among others.

In addition, the Convention on the Safety of United Nations and Associated Personnel and its Optional Protocol received one accession and ratification, respectively. The Lao People’s Democratic Republic and Guyana each deposited instruments to become party to treaties relevant to landlocked and transit developing countries.



Since the first Treaty Event was held in 2000, a total of 1,442 treaty actions have taken place during these events. Treaty actions include, for example, signatures, ratifications, approvals, acceptances, accessions and consents to be bound.



For further information on the 2008 Treaty Event, including all photos of treaty actions, visit the new UN Treaty Database website at: treaties.un.org.

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